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No Jurisdiction Over Father In Florida For Child Support Where Petition Did Not Allege That Child Was Conceived In Florida Or Father Ever Resided In Florida

December 9, 2015 by  
Filed under Uncategorized

 

 

In Gustafasson v. The Matter of Catherine Levine, the Fourth District Court of Appeals for the State of Florida ruled that the trial court did not have jurisdiction over the father, who was served in Sweden with the petition to establish child support, where the petition did not allege that child was conceived in Florida or that the father ever resided in or visited Florida.  The father did not waive the defense of lack of personal jurisdiction by filing a notice of limited appearance, making and subsequently withdrawing discovery requests, or agreeing to an order extending discovery deadlines as such actions were defensive in nature. Accordingly, the Court determined it was error for the trial court to have denied the father’s motion to dismiss for lack of jurisdiction.

In our practice we have represented clients of various nationalities and foreign residence and dealt with issues of jurisdiction.

If you need to talk to a lawyer about child related issues, time-sharing, parental responsibility, child support, and whether Florida has jurisdiction over your case please contact our offices for a consultation on (786) 539-4935. 

 

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Disclaimer: The Law Offices of Robert Hanreck, P.A. is based in Miami , Florida and serves clients throughout the State including Miami-Dade and Broward counties. We are licensed to practice law in the State of Florida. This website is intended for informational purposes only and is not meant to constitute legal advice, or solicit clients outside of the State of Florida.